Thursday, June 9, 2011

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nmdial

08-04 11:02 AM

am staying in US for d past 4 yrs ,have a H1 B visa. i want to invite my younger brother and mom for a ONE month visit to US.My mom has already got 10 yrs of visa as she visited dis place in 2008. My brother has just completed his engineering , is 21 yrs of age and has got placed in infosys.His joining date is in December, so would it be easy for him to get d visitors visa as even i want him to have some fun b4 starting off with his work life. Should he carry his offer letter with him and also would it b wise to book d ticket in advance and show them d return ticket as a proof just to tell them tat he will b back in a month and also would like to know the other questions which r expected. Please HELP.Looking forward to your replies

thanks in advance:)

I am in a similar boat as I want to invite my sister on a visitor visa for a month here. I think, any document that supports the fact that the visitor will return to India is always helpful.

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greenguru

04-01 12:26 AM

Sure.. I was having the same question.

Here is how it happens,

1. When you file for your I-140 Under EB2 you also provide the A# 2. So when your I-140 gets approved your 485 case will automatically know about this.

What you have do 1. Go to InfoPass and verify that your new I-140 is present on your application. 2. Call USCIS Help desk and check. Also tell them you filed in employment based and that your Priority date is current(Ofcourse if it is current only tell them). Request them to open an SR 3. your case will be approved in 25 days.

For me it took 20 days after i opened the SR. The official time is 45 days to 60 days.

Cheers, GG

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glus

01-24 09:13 AM

Thks for the response, but what I read on other sites for e.g murthydot.com and some other site in the Internet it is used even for situations where one did not realised their I-94 has expired and thought its not an issue, also for example such as employer forgot to file and its not application mistake as he was not aware about employers miss and etc. So based on a approved LCA one can get H1 approved and even get the unauthorized employment convert it into a valid employment for any period (based on conditions). I'll do more research on this and update this thread.

Meanwhile anyone with any other opinion is welcome here. Thks all

hi there:

One can only work for an H-1B employer for whom H1b petition is approved and is valid. By working for a different employer without filing a transfer of H-1b to the new employer, one falls out of status. Going back to the original employer A would not put such a person back into legal h-1b status at all. Consult an attorney to review your options. However, staying in the U.S. even if you go back to your original employer A, will not repair your out-of-status problem and most likely will count toward being illegally here. The odds are high that the USCIS will notice this sooner or later and you may have a big problem then. Since your visa stamp is till unexpired (I am not sure if it is still valid, even if it is still unexpired), maybe re-entering the U.S. and working for employer A would help, but still you should consult a good immigration attorney to see if that would be OK.

Best Regards,

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cahimmihelp

07-15 02:32 PM

Thanks a lot Raj.

One more question. Does current company give you any originals when your I-140 is approved? If so, I was not given any. I was just told by the company attorney by mail saying that my I-140 is approved. So now, what exactly should I ask for? Appreciate if you can list all the required documents.

One more thing, no form G-28 was given to me to sign. What does this mean?

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NeedMiracles

06-03 10:10 AM

May be I am not understanding the question right...I think the question was - what are the STEM disciplines? I know the website lists a bunch of occupations that require one of the STEM degrees. So to look at what are the STEM degrees, I chose Browse By STEM Degree and in that Scroll menu are all the majors - starts with Chemistry, Computer Science, Engineering....

1. your employer files change of status H1 to H4 (form I-539) 2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.

please double check before you make any decision.

Thank you for your reply.

Even though we get a new I-94, it is still with my consulting company as the company does not give me my I797. If I go to India and apply for H4 again, then wont the officer ask me on why I am trying to get the H4 stamping again since it already has a previous valid H4 stamping on it? since there is no H1 stamping on my passport.

Or can I go out of USA and get back on the same revious H4 stamping?

Thanks,

Arpu

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sandy_anand

01-24 10:09 AM

Guys, sorry I do not understand the numbers very well. Assuming the same amount of spillover numbers for 2011, what will be the status of EB2 by December-2011??

Thanks, Prasad.

If EB2-India receives around 20000 visas in 2011, the EB2-India priority dates could move to between Feb 2007 and April 2007 depending on EB3-EB2 upgrades.

:mad: It seems that NJ based consultancy firm "Segicorp" is fraud because it has taken money on behalf of H1B aplications from many candidates and there is no response yet.

Segicorp is giving same reply to all that applications was couriered thru fedex and waiting for reply from USCIS. They are just fooling as there is no prrof that our application packets was really couriered to USCIS. If they had really sent our application packet then we would have atleast received Receipt number.

All of many friends who have applied thru other consultants has received receipt number long back and are waiting for their status. If we had atleast received receipt number and no approval, then also we would have been convinced that approval depends on USCIS and NOT on segicorp. But Segicorp had nicely and smartly enjoyed everyones money and are free without any problems.

Now from last few weeks they are not even replying any emails or phone calls. This clearly indicates that it was very well planned fraud. They should really be sent to jail. :mad:

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lostinbeta

10-21 12:23 AM

As for me... I go buck-wild

I start off with something, add something to it, add some more touches and voila.

Sometimes I start with a custom shape, sometimes I start with the line tool, sometimes the paintbrush, gradient, whatever.

Just try stuff out and go nuts.

As for Edwin... he just has to think and his computer makes what is in his head.

When does the H-1 B fiscal year start? Is it April? So for example, people apply in April 2007 for the 2007 fiscal year and start working from April 2007?

In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?

This is a different question. Is the government job also regarded as cap exempt non profit?

Thank you very much for your help! Our immigration gods bless you!

Best,

I am surprised some one in an earlier post said they switched from a non-profit to a for-profit, without being counted against the cap.

I work for an NPO too and here is what i know:

If u have always worked for a non-profit on ur H1, transferring from a non-profit to a for-profit does require that u are subject to the H1B quota. So u will need to make sure the h1B quota is available before u switch. And that can be tricky.. because though, the quota opens in Apr, from what i understand, u would have to wait until October of that year to start working. You would have to find an employer who would be willing to file for an H1 for u by Apr/May before the H1 quota fills up, and wait until October for u to start work.

Only institutions of higher education, non-profit entities affiliated to such institutions or non-profit research / governmental research organizations that fall under certain sections of USC,under the Higher Education Act of 1965 qualify for the H1B cap exemption. You would have to check with ur prospective employer to find out if they qualify if u want to switch to another non-profit.

As for the priority date after 1-140 approval, i don't see any reason why it would not be portable.. but u would have to check on that.

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sundevil

06-19 10:04 PM

This time around its unchartered territory with these flood gates open. As for current ways there is a chance(still only chance there is no science) you will get the rcpt date by then, but who knows what will go on. Guys, this thing is so important, do not play games with it and screw up you application. Unless travel is absolutely must, forget about it. All lawyers including mine are suggesting to cut short any visits, cancel any existing plans and don't make new plans. The dates could retrogress to stone age, do you really want to take a chance and wait for the next opportunity, if something doesn't work out.

Like Ron hira mentioned, try to take a look from politics and 'election' perspective.whether he wins or loses, always tries to be in the news. just ignore. earlier we have this kind of nonsense from Sen.Sessions and earlier to that Sen.Sensenbrener . These kind of people come and go, but how much they can achieve? Do they really know the implications of what they talk? my sincere guess is 'nothing', other than just want to be in the news

We do not have problems if everybody is ignoring this guy grassley but that is not the Truth. USCIS takes it seriously and issue a memo upon his letter which makes our Legal immigrants life miserable! What do you say for that.

Example: The infamous Employee employer relationship memo of Jan 18th came out from this B*** heads letter to Mr.Mayorkas.

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bkarnik

05-24 05:01 PM

You're right on logiclife .... our first concern is whether frist and reid start fighting again. one baby step at a time.....

One good thing I have noticed....I donot know why but Tancredo is not screaming as much from the rooftops right now. I guess he may have realized that the house just overdid things a bit and tipped the balance.

Call me paranoid...but I am wondering the exact same thing that how come Tancredo, et.al. are not making any noises...if you remember last time these congressmen were making a lot of noise and the bill went nowhere, now in hindsight, I think internally they knew that the bill will not pass the senate at that time and were making the most of it. Similarly, the silence is ominous because it means they probably have some surprises lined up at the conference. BTW, do we know who will be on the conference from both the Senate as well as the house? Also, are the conference proceedings publicised?

Jasmin - Thanks for ur reply. I know there are several posts regarding pay-stubs. but I was un-clear with the pay issue after filing I-485 thtz why I opened a new thread. I am sorry if it is not appropriate.

But I ve seen in some of the posts where ppl say that we can be on vacation, self-employed etc etc...what does it mean? do they still need to produce pay stubs....My Pd is Nov 2006 it may take several yrs..do they really dig deep from there to my first entry?

Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US. Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?

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continuedProgress

07-31 11:27 AM

I'm taking chances as well..... switching to EAD on day 10, if not earlier. If probable causes of AOS denial aren't discussed elsewhere, maybe some one knowledgeable can throw some light on the subject.

how can I get a copy of my approved I-140?....my lawyer won't give it to me...heck he won't even give me the case#

please help

All rite, SO I read this thread mistakenly- I guess it's your luck or my stupidity. My lawyer was also Anal to give me my EAC, This is what I did, On the back of the Check that was submitted for 140 will be a stamp from Immigration authorities- You should also see an EAC # if you got that check back or if you can makeup a story saying you need it as part of the documentation. Then you can go online and ensure that it's valid and the dates match. Good Luck,

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supers789

07-23 03:01 PM

got following from another iv thread.. btw, my fragomen attorney said, it will take 6 to 8 months clear the audit.

The Department of Labor (DOL) has agreed that all new PERM applications filed by Fragomen will be processed normally and will not be subject to special audit.

After several weeks of discussions, the Department of Labor (DOL) and Fragomen have reached an interim agreement that will allow all new PERM applications filed by Fragomen to move forward in the normal processing queue without automatic audits. We are still talking with DOL regarding pending applications that have already been thrown into the special audit.

While we continue to have a major disagreement with DOL on its efforts to impede attorney-client communications, we have agreed to comply with DOL's new guidance bulletin, which presents a new and legally questionable interpretation of the PERM regulations regarding attorney actions. Until this interpretation is modified or judicially declared invalid, all immigration attorneys must conduct their representation in accordance with it.

Working with others in the immigration bar and business community, we will continue to pursue broader relief from DOL's misreading of the regulations and we have reserved every legal and equitable right to assert what we believe to be the proper interpretation of those regulations. Not only is this an infringement on employers' First Amendment rights, it contradicts specific language in the Department's regulations stating that employers may consult with counsel at all times "throughout the labor certification process."

If you have any questions about this alert, please contact the Fragomen attorney with whom you usually work.

Copyright � 2008 by Fragomen, Del Rey, Bernsen & Loewy, LLP</i>

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summitpointe

04-16 02:53 PM

Open an MTR ASAP. It sometimes takes lot of time(may be one year) for final decision.

As your H1B is valid for another one year, just to have a support talk with your attorney about filing a PERM labor ASAP.

kumarc123

01-15 12:17 PM

Hello All,

Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.

Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.

I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)

http://lofgren.house.gov/

Good Luck to all of us.

raamskl

07-12 09:35 AM

a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap? -M

Yes, you can. You can switch to H4 and back to H1 without worrying about the Cap limitation. The only point that is little hazy is how long can you stay on a H4 before you can get back to H1 without the cap limitation kicking in. As the H1 is given in 3 year installments, would you have to get back to your H1 before that 3 year period ends, if in the middle of that period you had switched to H4? Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1. Let me know what you find. Good luck.